Electronic cigarettes will finally be regulated in similar ways to tobacco products, according to long-awaited rules the U.S. Food and Drug Administration proposed Thursday that include banning sales to minors and requiring health warnings on the products.
One of the highest-profile aspects of Detroit’s Chapter 9 case has been the intense discussion of the fate of the city-owned Detroit Institute of Arts. While much of the early debate played out in terms of “art versus pensions,” the dynamic of this public conversation has shifted, and the question of the DIA’s fate increasingly lies in a dispute over the value of its art (and how — in fact, whether and to what extent — that value may be unlocked), says Kevin Ray of Greenberg Traurig LLP.
Each of the main provisions of Colorado’s proposed Urban Redevelopment Fairness Act creates logistical and practical problems for municipalities and developers. The ambiguities and uncertainties created by the legislation will likely make it difficult to obtain bond opinions for public-private partnerships formed using tax-increment financing under the Colorado Urban Renewal Law, says Carolynne White of Brownstein Hyatt Farber Schreck LLP.
As the 2014 proxy season unfolds, hedge fund activists are increasingly borrowing the playbooks of traditional governance activists, and there is rampant speculation that large institutional investors are supporting these funds behind the scenes, sometimes feeding them ideas. Meanwhile, director tenure may be the next frontier in the efforts of governance advocates to influence board composition, say William Kelly and Ning Chiu of Davis Polk & Wardwell LLP.
When billions or trillions of dollars of transactions are affected by the tiniest of changes in benchmarks, there might be temptation to move those benchmarks ever so slightly. However, the Nasdaq, municipal bond reinvestment, Libor and Forex charges of collusion show that the risk is greatest when detection is the most difficult, says Jon Eisenberg of K&L Gates LLP.
In light of the ongoing North American energy boom, the U.S. Environmental Protection Agency's attention will now focus on emission sources not covered by hydraulic fracturing regulations on natural gas wells, especially oil wells, compressors and pneumatic devices. Moreover, if a relatively small number of high-emitting sources are responsible for the great majority of methane emissions then the EPA's attention will also focus on methods to improve leak detection, says James Smith of Porter Hedges LLP.
Two recent U.S. Court of Federal Claims decisions are noteworthy because they make plain that the jurisdictional basis for bid protests involving pure concession contracts is Section 1491(a)(1) of the Tucker Act, and not Section 1491(b)(1). This places significant limits on the potential remedies available to concession-contract protesters, says Aron Beezley of Bradley Arant Boult Cummings LLP.
Data breach defendants have seized upon the U.S. Supreme Court's Clapper decision to dismiss cases based on a lack of standing where there has been no misuse of the plaintiffs’ information. To date, with one exception, the courts have agreed with the defendants, regardless of the legal theories asserted by the plaintiffs, say Judy Selby of BakerHostetler and Corey Dennis of Pharmaceutical Product Development LLC.
The new U.S. Patent and Trademark Office guidance talks about natural products not being patent-eligible unless they are "markedly different" from that which occurs in nature. The guidance attempts to sidestep some of the perceived illogicalities in the U.S. Supreme Court's Myriad decision and uses a format that aligns it more closely with world patenting, says Jason Rutt of Rouse.
More often, smaller rivals are taking market share from the largest law firms. In this context, these smaller rivals are not small — they are super-regional firms with between 201 and 750 attorneys. These firms are large enough to serve the needs of a global corporation at a better value. And as they grow, they need to be sure they don’t make the same mistakes as the firms from which they’ve taken market share, says Michael Lipps of LexisNexis.
Although the opinion is fact-specific and the decision is nonprecedential, the Delaware Bankruptcy Court ruling in the case of Fisker Automotive Holdings Inc. may aid debtors and committees looking to oppose a secured lender’s credit bid, say Douglas Foley and Shara Cornell of McGuireWoods LLP.